Trademark a Name

Trademarking a name ensures you own the rights to use that name for your business. Merely Registering the name as a company or domain name is not enough to claim rights to the name, and you may be forced to change your name if another company with a mark feels you have infringed..

We can help you trademark your business or product name in the UK, EU, or worldwide to allow you to own your Business Name. Our trademark lawyers are well placed to help you avoid using a name which infringes on someone else’s rights, or investing in marketing and promotion only to find that you cannot own the rights in your name later on.

We will also help you establish whether a name you want to trademark is capable of functioning as a trademark under trademark laws.  With our support you can secure rights to a name in all the key countries where you intend to use it. Use our costs calculator to find out the cost to trademark a name, but if you are not yet ready to buy and want to find out the considerations to bear in mind read our ebook:

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When to register trademarks

Before you trademark a name, decide on the countries where you would like to register a trademark, because trademarks are territorial.  That means that if you trademark your name in the UK you are only protected in the UK.  If your business has a web presence, and customers might be based elsewhere, such as in Europe, a cost effective way to secure protection in all 28 EU countries (including the UK) is by registering an EU Trademark.  Although there is no such thing as a worldwide trademark, it is possible to extend your initial protection further afield once the base application is filed. So, it’s a decision you can park till after you have applied for UK or EU registration.

What should trademark classes cover

Your business plans are relevant when trademarking, because when you trademark a name you must register within the scope of your intended use.  For example, if you plan to sell clothing you will trademark your name in “class” 25, and you may also want to cover class 28 for leather goods such as handbags and wallets.  If you also want to sell jewellery then you would also add class 14 to your application.  Typically, businesses need to cover at least 3 trademark classes, but our trademark lawyers will advise you of the classes which are relevant to you once we have found out more about your business. Initially, if you buy our bronze service through the estore, there is no need to be sure of which classes to cover.  Just buy one class, and later you can buy more once we’ve helped you assess the classes that apply to your business.

Our service includes all of the essential work involved to trademark a name, from advising you of the trademark classes you ought to cover, through to drafting your application, and overseeing it to registration. We don’t charge additional fees to post your certificate, and nor is there a fee for us to report objections from the trademark registry, so you are always kept in the loop.

What steps are involved to trademark my name?

Having decided where you would like to trademark your name, and considered your plans for it, you would start with a professional opinion to find out whether there are any identical trademarks registered in the relevant classes. Our legal opinion also looks at whether your name meets the requirements for registration, such as whether it is sufficiently distinctive to differentiate your goods and services from those of your competitors.

After our searches are complete, and you have considered the results, you can decide whether to commission further searches, such as of international registers worldwide.  We then draft your trademark application, and ask you to review it before we file it with the registry.

The trademark registry will examine the application to determine whether it is acceptable for registration.  Assuming it passes that stage, the registry will then advertise your application on a public register for 2-3 months, so that the owners of existing registrations can consider it, and decide whether it is likely to conflict with their own rights.  While this aspect of the process is unpredictable, an important part of the value of our evaluation is that it will highlight identical trademarks in relevant classes before we file your application, so you can reduce the risk of an opposition which can be costly.  Still, you should take comfort in the fact that the majority of applications we oversee sail smoothly through to registration, which takes place shortly after the end of the advertisement period.

The process takes about 5-8 months overall depending upon whether you apply for registration in the UK or EU, assuming that there are no objections, and once your registration issues we post your certificate for safekeeping. You can find out more, and view our prices, by following the links below:

 UK TrademarkEU Trademark Madrid Protocol

Or if you want to find out more about trademarks and intellectual property before you buy why not download our ebook:

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